Bill Text: IL HB4650 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Controlled Substance Act. In a provision allowing pharmacists to authorize a designee to consult the Prescription Monitoring Program on their behalf, defines "pharmacist" to include, but be not limited to, a pharmacist associated with a health maintenance organization or a Medicaid managed care entity providing services under the Illinois Public Aid Code. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2018-08-21 - Public Act . . . . . . . . . 100-1005 [HB4650 Detail]
Download: Illinois-2017-HB4650-Engrossed.html
Bill Title: Amends the Illinois Controlled Substance Act. In a provision allowing pharmacists to authorize a designee to consult the Prescription Monitoring Program on their behalf, defines "pharmacist" to include, but be not limited to, a pharmacist associated with a health maintenance organization or a Medicaid managed care entity providing services under the Illinois Public Aid Code. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2018-08-21 - Public Act . . . . . . . . . 100-1005 [HB4650 Detail]
Download: Illinois-2017-HB4650-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Controlled Substances Act is | ||||||
5 | amended by changing Sections 314.5 and 316 as follows:
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6 | (720 ILCS 570/314.5) | ||||||
7 | Sec. 314.5. Medication shopping; pharmacy shopping. | ||||||
8 | (a) It shall be unlawful for any person knowingly or | ||||||
9 | intentionally to fraudulently obtain or fraudulently seek to | ||||||
10 | obtain any controlled substance or prescription for a | ||||||
11 | controlled substance from a prescriber or dispenser while being | ||||||
12 | supplied with any controlled substance or prescription for a | ||||||
13 | controlled substance by another prescriber or dispenser, | ||||||
14 | without disclosing the fact of the existing controlled | ||||||
15 | substance or prescription for a controlled substance to the | ||||||
16 | prescriber or dispenser from whom the subsequent controlled | ||||||
17 | substance or prescription for a controlled substance is sought. | ||||||
18 | (b) It shall be unlawful for a person knowingly or | ||||||
19 | intentionally to fraudulently obtain or fraudulently seek to | ||||||
20 | obtain any controlled substance from a pharmacy while being | ||||||
21 | supplied with any controlled substance by another pharmacy, | ||||||
22 | without disclosing the fact of the existing controlled | ||||||
23 | substance to the pharmacy from which the subsequent controlled |
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1 | substance is sought. | ||||||
2 | (c) A person may be in violation of Section 3.23 of the | ||||||
3 | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act | ||||||
4 | when medication shopping or pharmacy shopping, or both. | ||||||
5 | (c-5) Effective January 1, 2018, each prescriber | ||||||
6 | possessing an Illinois controlled substances license shall | ||||||
7 | register with the Prescription Monitoring Program. Each | ||||||
8 | prescriber or his or her designee shall also document an | ||||||
9 | attempt to access patient information in the Prescription | ||||||
10 | Monitoring Program to assess patient access to controlled | ||||||
11 | substances when providing an initial prescription for Schedule | ||||||
12 | II narcotics such as opioids, except for prescriptions for | ||||||
13 | oncology treatment or palliative care, or a 7-day or less | ||||||
14 | supply provided by a hospital emergency department when | ||||||
15 | treating an acute, traumatic medical condition. This attempt to | ||||||
16 | access shall be documented in the patient's medical record. The | ||||||
17 | hospital shall facilitate the designation of a prescriber's | ||||||
18 | designee for the purpose of accessing the Prescription | ||||||
19 | Monitoring Program for services provided at the hospital. | ||||||
20 | (d) When a person has been identified as having 3 or more | ||||||
21 | prescribers or 3 or more pharmacies, or both, that do not | ||||||
22 | utilize a common electronic file as specified in Section 20 of | ||||||
23 | the Pharmacy Practice Act for controlled substances within the | ||||||
24 | course of a continuous 30-day period, the Prescription | ||||||
25 | Monitoring Program may issue an unsolicited report to the | ||||||
26 | prescribers, dispensers, and their designees informing them of |
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1 | the potential medication shopping. If an unsolicited report is | ||||||
2 | issued to a prescriber or prescribers, then the
report must | ||||||
3 | also be sent to the applicable dispensing pharmacy. | ||||||
4 | (e) Nothing in this Section shall be construed to create a | ||||||
5 | requirement that any prescriber, dispenser, or pharmacist | ||||||
6 | request any patient medication disclosure, report any patient | ||||||
7 | activity, or prescribe or refuse to prescribe or dispense any | ||||||
8 | medications. | ||||||
9 | (f) This Section shall not be construed to apply to | ||||||
10 | inpatients or residents at hospitals or other institutions or | ||||||
11 | to institutional pharmacies.
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12 | (g) Any patient or pharmacist feedback, including grades, | ||||||
13 | ratings, or written or verbal statements, in opposition to a | ||||||
14 | clinical decision that the prescription of a controlled | ||||||
15 | substance is not medically necessary shall not be the basis of | ||||||
16 | any adverse action, evaluation, or any other type of negative | ||||||
17 | credentialing, contracting, licensure, or employment action | ||||||
18 | taken against a prescriber or dispenser. | ||||||
19 | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
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20 | (720 ILCS 570/316)
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21 | Sec. 316. Prescription Monitoring Program. | ||||||
22 | (a) The Department must provide for a
Prescription | ||||||
23 | Monitoring Program for Schedule II, III, IV, and V controlled | ||||||
24 | substances that includes the following components and | ||||||
25 | requirements:
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1 | (1) The
dispenser must transmit to the
central | ||||||
2 | repository, in a form and manner specified by the | ||||||
3 | Department, the following information:
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4 | (A) The recipient's name and address.
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5 | (B) The recipient's date of birth and gender.
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6 | (C) The national drug code number of the controlled
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7 | substance
dispensed.
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8 | (D) The date the controlled substance is | ||||||
9 | dispensed.
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10 | (E) The quantity of the controlled substance | ||||||
11 | dispensed and days supply.
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12 | (F) The dispenser's United States Drug Enforcement | ||||||
13 | Administration
registration number.
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14 | (G) The prescriber's United States Drug | ||||||
15 | Enforcement Administration
registration number.
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16 | (H) The dates the controlled substance | ||||||
17 | prescription is filled. | ||||||
18 | (I) The payment type used to purchase the | ||||||
19 | controlled substance (i.e. Medicaid, cash, third party | ||||||
20 | insurance). | ||||||
21 | (J) The patient location code (i.e. home, nursing | ||||||
22 | home, outpatient, etc.) for the controlled substances | ||||||
23 | other than those filled at a retail pharmacy. | ||||||
24 | (K) Any additional information that may be | ||||||
25 | required by the department by administrative rule, | ||||||
26 | including but not limited to information required for |
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1 | compliance with the criteria for electronic reporting | ||||||
2 | of the American Society for Automation and Pharmacy or | ||||||
3 | its successor. | ||||||
4 | (2) The information required to be transmitted under | ||||||
5 | this Section must be
transmitted not later than the end of | ||||||
6 | the next business day after the date on which a
controlled | ||||||
7 | substance is dispensed, or at such other time as may be | ||||||
8 | required by the Department by administrative rule.
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9 | (3) A dispenser must transmit the information required | ||||||
10 | under this Section
by:
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11 | (A) an electronic device compatible with the | ||||||
12 | receiving device of the
central repository;
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13 | (B) a computer diskette;
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14 | (C) a magnetic tape; or
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15 | (D) a pharmacy universal claim form or Pharmacy | ||||||
16 | Inventory Control form;
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17 | (4) The Department may impose a civil fine of up to | ||||||
18 | $100 per day for willful failure to report controlled | ||||||
19 | substance dispensing to the Prescription Monitoring | ||||||
20 | Program. The fine shall be calculated on no more than the | ||||||
21 | number of days from the time the report was required to be | ||||||
22 | made until the time the problem was resolved, and shall be | ||||||
23 | payable to the Prescription Monitoring Program.
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24 | (b) The Department, by rule, may include in the | ||||||
25 | Prescription Monitoring Program certain other select drugs | ||||||
26 | that are not included in Schedule II, III, IV, or V. The |
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1 | Prescription Monitoring Program does not apply to
controlled | ||||||
2 | substance prescriptions as exempted under Section
313.
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3 | (c) The collection of data on select drugs and scheduled | ||||||
4 | substances by the Prescription Monitoring Program may be used | ||||||
5 | as a tool for addressing oversight requirements of long-term | ||||||
6 | care institutions as set forth by Public Act 96-1372. Long-term | ||||||
7 | care pharmacies shall transmit patient medication profiles to | ||||||
8 | the Prescription Monitoring Program monthly or more frequently | ||||||
9 | as established by administrative rule. | ||||||
10 | (d) The Department of Human Services shall appoint a | ||||||
11 | full-time Clinical Director of the Prescription Monitoring | ||||||
12 | Program. | ||||||
13 | (e) (Blank). | ||||||
14 | (f) Within one year of the effective date of this | ||||||
15 | amendatory Act of the 100th General Assembly, the Department | ||||||
16 | shall adopt rules requiring all Electronic Health Records | ||||||
17 | Systems to interface with the Prescription Monitoring Program | ||||||
18 | application program on or before January 1, 2021 to ensure that | ||||||
19 | all providers have access to specific patient records during | ||||||
20 | the treatment of their patients. These rules shall also address | ||||||
21 | the electronic integration of pharmacy records with the | ||||||
22 | Prescription Monitoring Program to allow for faster | ||||||
23 | transmission of the information required under this Section. | ||||||
24 | The Department shall establish actions to be taken if a | ||||||
25 | prescriber's Electronic Health Records System does not | ||||||
26 | effectively interface with the Prescription Monitoring Program |
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1 | within the required timeline. | ||||||
2 | (g) The Department, in consultation with the Advisory | ||||||
3 | Committee, shall adopt rules allowing licensed prescribers or | ||||||
4 | pharmacists who have registered to access the Prescription | ||||||
5 | Monitoring Program to authorize a designee to consult the | ||||||
6 | Prescription Monitoring Program on their behalf. The rules | ||||||
7 | shall include reasonable parameters concerning a | ||||||
8 | practitioner's authority to authorize a designee, and the | ||||||
9 | eligibility of a person to be selected as a designee. In this | ||||||
10 | subsection (g), "pharmacist" shall include a clinical | ||||||
11 | pharmacist employed by and designated by a Medicaid Managed | ||||||
12 | Care Organization providing services under Article V of the | ||||||
13 | Illinois Public Aid Code under a contract with the Department | ||||||
14 | of Health and Family Services for the sole purpose of clinical | ||||||
15 | review of services provided to persons covered by the entity | ||||||
16 | under the contract to determine compliance with subsections (a) | ||||||
17 | and (b) of Section 314.5 of this Act. A managed care entity | ||||||
18 | pharmacist shall notify prescribers of review activities. | ||||||
19 | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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